Case v. Thompson
New York Supreme Court
Error from the Orange common pleas. This was an action of trespass for entering upon the lands of C. Thompson, for the purpose of opening and working a public highway.
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Error from the Orange common pleas. This was an action of trespass for entering upon the lands of C. Thompson, for the purpose of opening and working a public highway. Case was a commissioner of highways, and in justification of his acts shewed the following facts : In 1822 three of th.e judges of the common pleas laid out a road near the place of the alleged trespasses, upon an appeal from the determination of the commissioners of highways of the town of Goshen refusing to lay out such road. In 1825, certain freeholders and inhabitants of Goshen, with the approbation of the commissioners of…
1Opinion of the Court
By the Court,
Sutherland, J.
I think the court below were correct in holding that the provisions of the 39th section of the act to regulate highways, 2 R. L. 283, were applicable to roads fixed or determined by the judges of the court of common pleas, an appeal under the 36lh section of the act, and also to roads altered by them under the 37th section of the same act. The 39th section provides that it shall be lawful for the commissioners of highways, or a majority of them, in all cases where they shall have laid out any public highway through any enclosed lands, in conformity to the provisions…
2Cited by8 opinions
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- Fleet v. YoungsNew York Supreme Court · 1831
- Chapman v. GatesNew York Supreme Court · 1866
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